The new tobacco law changes are here!

This page is dedicated to the changes in Tobacco Laws & Regulations. The NFRN Public Affairs team is here to help and will be providing regular updates and information for members on this page, leading up to the key dates and enforcement of regulations.

If you require further assistance, please email the team at publicaffairs@nfrn.org.uk

Latest Information

Tobacco ‘Track and Trace System’ Update – 14 February 2019

HMRC has said that retailers selling tobacco products and employing up to 50 people may ask their supplier to obtain an identification number on their behalf. This announcement was part of HMRC’s preparation for the new ‘Track and Trace System’ for tobacco products, to be implemented from 20 May 2019.

From 20 May 2019, all unit packets of cigarettes and hand rolling tobacco manufactured or imported in the EU (except for existing stock) must: have Unique Identifiers (UIDs) on the packaging; have 5 specific security features on the packaging; and be scanned at certain points in the supply chain.

Retailers wishing to continue selling tobacco products will need to have two IDs: an economic operator ID; and a separate facility ID for each premise they use to sell tobacco products to the public / store tobacco products. HMRC has said that there will be no fee associated with the application process and that suppliers can apply on the behalf of small retailers. However, HMRC hasn’t explained how small retailers should proceed.

This week, HMRC has opened a technical consultation on the draft Tobacco Products (Traceability and Security Features) Regulations 2019. It seeks views on the draft measures that:

  • Provide a prohibition from supplying tobacco products which do not carry the required tracking and security markings
  • Ensure products that are not compliant are liable to forfeiture
  • Provide sanctions for non-compliance
  • Facilitate the application of traceability codes and security markings to packs by amending existing tobacco standardised packaging legislation.

The consultation closes on 11 March 2019. The NFRN will inform its members of the consultation outcomes.

More details can be found on the government’s website: https://bit.ly/2tfdUDt and https://bit.ly/2V0FIaF.

Scottish retailers who sell Nicotine Vapour Products have to register their business – even if they already have a Tobacco License.

Since 1 April 2017 retailers in Scotland who operate Nicotine Vapour Products Businesses or who sell both tobacco and Nicotine Vapour Products must be registered to do so. Retailers have been given six months to register or update their registration (until 1 October 2017).

This decision has been made by the Scottish government who explained: “Although the majority of retailers refuse to sell tobacco to young people under 18 there is, unfortunately, a proportion that will.  The registration scheme gives a wider range of tools to trading standards to better enforce age restriction laws whilst keeping the costs to the public purse to an absolute minimum and with the least possible administrative burden on retailers.”

Key Points:

  • This registration scheme is different from any retail License you might have.
  • You can register online or by post.
  • Registration is free.
  • You can get more information on the official registration website.

Please note that failure to register will result in penalties, including an official ban on selling tobacco and nicotine vapour products.

From 20 May 2017, any remaining stock of products that do not comply with the Tobacco Products Directive CANNOT be sold.

Retailers are still required under the Tobacco Display Ban to cover tobacco packs.

Failing to meet the retailer guidelines for selling e-cigarettes and tobacco products may result in a three-month custodial sentence, a fine, or both, following a summary conviction.

New EU laws on how tobacco products are manufactured, produced and sold have come into force.

Known as the Tobacco Products Directive, the new legislation will see a range of tobacco products banned from sale, including packs of 10s, 19s, 18 1/2s, flavoured cigarettes (except menthol) and non-standard style packaging. New regulations covering e-cigarettes will also be included.

Although the law came into force from May 2016, a transitional period was granted until May 2017 to allow retailers to sell old products.
Retailers who continue to sell these prohibited items after May 2017 will face fines or criminal prosecution.

In addition to the new EU rules, the UK government passed plain packaging legislation which came into force in May 2017. Standardised packaging of tobacco products refers to measures that may be taken to restrict or end the use of logos, colours, brand images or promotional information on packaging other than brand names and product names that are displayed in a standard colour and typeface.

To help members prepare for the changes, the NFRN has put together provide members with the information and advice they need to comply with the new laws.

 

What the new laws mean

  • Current information on tar, nicotine and carbon monoxide yields replaced with an information message covering 50% of the side of the pack
  • Ban on characterising flavours (menthol ban comes into force in May 2020)
  • Prescribing minimum pack sizes of 20 ready-made cigarettes (RMC) and 30g roll your own (RYO)
  • Standardised pack design, including; shape, size, material and opening mechanisms
20 May 2017 Sell Through Deadline – the following items will be banned from sale:

  • Tobacco with standardised packaging
  • Roll-your-own tobacco must have a minimum weight of 30grams
  • Cigarette packs with a minimum of 20 cigarettes
  • Tobacco Packaging must have 65% of the front and of the back must be covered with health warnings
  • Unflavoured cigarettes and Roll-your-own tobacco
  • E-cigarettes which feature health warnings
  • E-cigarettes with a maximum of 20mg/ml of nicotine (unless licensed as medicinal products)
  • E-cigarette refills with a maximum size of 10mg/ml
  • Disposable e-cigarettes, cartridges and tanks with a maximum size of 2ml
20 May 2019 Manufacturers application of ‘track and trace’ system and security features to cigarettes and RYO tobacco
20 May 2020 Menthol Ban – ban on Menthol ready-made cigarettes
20 May 2024 Track and trace systems applied to all other tobacco products
UK Standardised Packaging of
Tobacco Regulation
Tobacco Products Directive
Aims The Standardised Packaging Regulations introduce new restrictions and regulations to alter the material, size, shape and opening mechanisms of tobacco packaging.

Alterations to the colour of tobacco packaging, as well as the font, size and positioning of text.

The Tobacco Products Directive (2014/40/EU) aims to improve the functioning of the internal market for tobacco and related products.
Details of changes Requires all tobacco packaging to be a standard dull brown colour with a matt finish

Bans the sale of price marked tobacco packs

Standardised markings such as health care warnings and fiscal marks are increased in size and remain on all packaging

Permits only specified text and size (brand name and variety name) in Helvetica font

Requires a combined picture and text health warnings which cover 65% of the front and back of cigarette and roll-your-own tobacco packaging.

Prohibits certain promotional and misleading descriptors on the packaging of tobacco products, such the words: “life”, “natural” and “organic”.

Requires that all cigarettes sold in packs of a minimum of 20 sticks and Hand Rolling Tobacco in a minimum of 30 grams packs.

Requires e-cigarette packaging to feature a health warning
Requires e-cigarettes with more than 20mg/ml of nicotine to be licensed as medicines, or they are banned.

Requires disposable e-cigarettes, cartridges and tanks to have a maximum size of 2ml

 

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